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DECLARATION OF COVENANTS, CONDITIONS, kND RESTRICTIONS <br />FOR <br /> BROOKFIELD SUBDIVISION <br /> <br /> THIS DECLARATION is made on the date hereinafter set forth by <br />}{ayes-Johnson Development, Inc., a Georgia corporation (he~einafte:- <br />sometimes called "Declarant"); <br /> <br />W I TNE S SETH: <br /> <br /> WHEREAS, Declarant is the owner of the real property described <br />in Article II, Section 1, of this Declaration; and <br /> <br /> WHEREAS, Declarant desires to subject the real property <br />dcscribed in Article II, Section 1, hereof to the provisions of <br />this Declaration to create a residential community of single-fami]y <br />housing'and to provide for the subjecting of other real property to <br />the provisions of this Declaration; _ <br /> <br /> NOW THEREFORE, Declarant hereby declares that the real <br />property described in Article II, Section 1, of this Dec!aratio]~, <br />including the improvements constructed or to be construct~d <br />thereon, is hereby subjected to the provisions of this Declaraticn <br />and shall be held, sold, transferred, conveyed, used, occupied, a~d <br />mortgaged or otherwise encumbered subject to the covenants, <br />conditions, restrictions, easements, assessments, and liens, <br />hereinafter set forth, which are for the purpose of protecting tl'e <br />value and desirability of, and which shall run with the title to, <br />the real property hereby or hereafter made subject hereto, <br />shall be binding on all persons having any right, title, or <br />· ~nterest in all or any portion of the real property now or <br />hereafter made subject hereto~ their respective heirs, legal <br />representatives, successors, successors-in-title, and assigns and <br />shall ~nure to the benefit of each and every owner of all or any <br />portion thereof. <br /> <br />ARTICLE I <br />Definitions <br /> <br /> Unless the context shall prohibit, certain words used Jn this <br />Declaration shall have the definitional meaning set forth in <br />Exhibit "A" attached hereto and by reference made a part hereof. <br /> <br /> ARTICLE II <br />Property Subject To This Declaration <br /> <br /> Section 1. Property Hereby Subjected To This Declaration. <br />The real property which is, by the recording of this Declaration, <br />subject to the covenants and restrictions heresfter set forth and <br /> <br />Page 1 <br /> <br /> <br />